South Carolina Eviction Notice

A South Carolina eviction notice is a formal document issued by landlords to tenants who are in violation of their lease agreements. Furthermore, this notice serves as a legal demand for tenants to either rectify the violation or vacate the premises within a specified timeframe. Additionally, the grounds for eviction can include nonpayment of rent, lease violations, or illegal activities on the property.

Types of South Carolina Eviction Notice Forms

South Carolina law recognizes three primary types of eviction notices, each corresponding to different grounds for eviction. Moreover, understanding these distinctions helps landlords choose the appropriate legal approach for their specific situation.

Short-Term Notices (5 Days)

5-Day Notice to Quit

Grounds: Nonpayment of rent. Therefore, this notice addresses the most common eviction scenario in rental properties. Details: Tenants must pay all past due rent within five (5) judicial days or vacate the property. However, if the lease includes specific language regarding nonpayment, the landlord may initiate eviction proceedings without prior notice.

Standard Notices (14 Days)

14-Day Notice to Comply or Vacate

Grounds: Lease violations that are curable, such as health and safety issues or refusal to allow lawful entry. Consequently, this notice provides tenants with an opportunity to remedy correctable violations. Details: Tenants have fourteen (14) calendar days to correct the violation or vacate the premises. Additionally, in cases of emergency violations, immediate action may be required.

Long-Term Notices (30 Days)

30-Day Notice to Vacate

Grounds: Termination of a rental agreement, applicable to month-to-month or year-to-year leases, as well as expired leases. Furthermore, this notice covers lease terminations without specific violation circumstances. Details: The landlord must provide at least thirty (30) calendar days’ notice before the termination date. Therefore, this provides adequate time for tenants to find alternative housing arrangements.

How to Write an Eviction Notice in South Carolina

To ensure legal compliance, an eviction notice must include specific elements. Moreover, missing any required information can invalidate the notice and delay the eviction process.

Required Information Elements

Landlords must include the following details in every eviction notice:

Tenant Information

Full Name and Address: Tenant’s complete identification information. Therefore, this ensures proper legal identification of all parties involved.

Violation Details

Specific Lease Violation: Clear statement of the violation and any balance due. Additionally, specific documentation helps tenants understand exactly what they need to address.

Documentation Requirements

Legal Authentication

Termination Date: Clear date when the notice period expires. Furthermore, this establishes the deadline for tenant compliance or departure.

Landlord Information: Landlord’s printed name, signature, and address of record. Consequently, this provides legal validation and contact information.

Service Documentation: Date and method of notice delivery, along with the printed name and signature of the person delivering the notice. Therefore, this creates a legal record of proper notice service.

How to Calculate Expiration Date in South Carolina

South Carolina law establishes specific rules for calculating notice periods. Furthermore, understanding these timing requirements helps ensure proper legal compliance.

Notice Period Calculation

Start Date: The notice period begins the day after the notice reaches the tenant. Additionally, this ensures tenants receive the full notice period specified by law.

Weekend and Holiday Rules: If the last day of the notice period falls on a Saturday, Sunday, or legal holiday, the period extends to the next judicial day. Therefore, tenants receive adequate time to respond during business hours.

Judicial Day Requirements

Short Notice Periods: For notice periods of fewer than seven (7) days, only judicial days (excluding weekends and holidays) count toward the total. Consequently, this ensures tenants have sufficient business days to address the situation.

How to Serve an Eviction Notice in South Carolina

Landlords can deliver eviction notices through several approved methods. Moreover, proper service ensures that tenants receive adequate legal notice of the proceedings.

Acceptable Service Methods

Direct Service

Hand Delivery: Direct delivery to the tenant. Therefore, this method provides immediate confirmation of service.

Mail Service

Certified or Registered Mail: Sending to the tenant’s address of record or last known residence. However, mailed notices extend the notice period by five (5) calendar days to account for potential delays in delivery.

South Carolina Eviction Laws

Eviction notices must adhere to state laws to be considered valid. Furthermore, understanding these legal requirements helps ensure proper compliance throughout the eviction process.

Legal Requirements by Violation Type

South Carolina law establishes specific notice periods based on the grounds for eviction:

Rent-Related Violations

Nonpayment of Rent: Requires a 5-day notice. Additionally, this brief timeframe reflects the urgency of rental payment issues.

Lease Compliance Issues

Lease Violations: Requires a 14-day notice. Therefore, this provides reasonable time for tenants to correct curable violations.

Tenancy Termination

Termination of Month-to-Month Tenancy: Requires a 30-day notice. Moreover, this extended period allows adequate time for housing transitions.

Notice Content Requirements

Written Format: The eviction notice must be delivered in writing and clearly state the reason for eviction along with the notice period. Furthermore, oral notices do not meet legal requirements for eviction proceedings.

South Carolina Eviction Process

The eviction process in South Carolina involves several sequential steps that landlords must follow precisely. Additionally, each step builds upon the previous one to create a comprehensive legal framework.

Initial Notice Phase

Step 1: Serve Notice

The landlord must serve the appropriate eviction notice to the tenant. Therefore, this initial step establishes the legal foundation for potential court proceedings.

Step 2: Wait for Tenant Response

Tenants have the specified notice period to rectify the issue or vacate the property. Moreover, landlords must allow this full period before proceeding with legal action.

Court Filing Phase

Step 3: File for Ejectment

If the tenant does not comply, the landlord can file an Application for Ejectment with the local Magistrate Court. Subsequently, this formal legal action begins the court process.

Legal Proceedings Phase

Step 4: Court Hearing

Both the landlord and tenant present their cases, and the judge decides whether the eviction can proceed. Furthermore, proper preparation and documentation often determine the outcome of these hearings.

Enforcement Phase

Step 5: Writ of Ejectment

If the landlord prevails, the court issues a Writ of Ejectment, allowing the sheriff to remove the tenant after providing 24 hours’ notice. Consequently, this final step ensures compliance with the court’s decision through official enforcement mechanisms.

Important Considerations

Understanding key legal requirements helps landlords navigate the eviction process successfully. Furthermore, following proper procedures protects both landlords and tenants throughout the legal proceedings.

Legal Process Protection

No Self-Help Evictions: Landlords must never forcibly evict tenants without following the legal process. Therefore, proper legal procedures must be followed to protect tenant rights and avoid landlord liability.

Professional Legal Guidance

Legal Consultation: Landlords should consult with a lawyer to ensure compliance with local laws and procedures throughout the eviction process. Additionally, professional guidance helps avoid costly mistakes and legal complications.

Statutes

S.C. Code § 27-40-10 – Short title
S.C. Code § 27-40-410(b) – Security deposits; prepaid rent
S.C. Code § 27-40-410(c) – Disclosure of Deposit Calculations
S.C. Code § 27-40-310(c) – Terms and conditions of rental agreement
S.C. Code § 27-40-210 (11) – Late Fees
S.C. Code § 34-11-70 – Prima facie evidence of fraudulent intent in drawing check, draft, or other written order, reasonable and probable cause for prosecution
S.C. Code § 27-40-630(a)(1) – Wrongful failure to provide essential services
S.C. Code § 27-40-630(c) – Tenant Allowed to Repair and Deduct Rent (No Statute)
S.C. Code § 27-40-640 – Landlord’s noncompliance as defense to action for possession or rent
S.C. Code § 27-40-770(a) – Periodic tenancy; holdover remedies
S.C. Code § 27-40-770(b) – Periodic tenancy; holdover remedies
S.C. Code § 27-40-770(c) – Periodic tenancy; holdover remedies
S.C. Code § 27-40-750 – Remedy after termination
S.C. Code § 27-40-730(a) – Abandonment After Default
S.C. Code § 27-40-730(b) – Abandonment Due to Termination of Utilities
S.C. Code § 27-40-730(c) – Remedies for absence, nonuse, and abandonment
S.C. Code § 27-40-730(d) – Disposal of Abandoned Property (Less Than $500)
S.C. Code § 27-40-730(f) – Disposal of Abandoned Property (Greater Than $500)
S.C. Code § 27-40-530(a) – Access
S.C. Code § 27-40-530(b)(1) – Access
S.C. Code § 27-40-530(c) – Access
S.C. Code § 27-40-530(e) – Access
S.C. Code § 27-40-530(b)(1) – Access
S.C. Code § 27-40-530(b)(2) – Access
S.C. Code § 27-40-710(b) – Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property
S.C. Code § 27-40-710(a) – Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property
S.C. Code § 27-40-760 – Recovery of possession limited
S.C. Code § 27-40-420 – Disclosure
S.C. Code § 27-40-440 – Landlord to maintain premises
S.C. Code § 27-40-430 – Landlord to deliver possession of dwelling unit
S.C. Code § 27-40-510 – Tenant to maintain dwelling unit
S.C. Code § 27-40-910 – Retaliatory conduct prohibited
S.C. Code § 15-3-530 – Three years
S.C. Code § 27-40-210 – General definitions

FAQs

In South Carolina, there are three main types of eviction notices: the 5-Day Notice to Quit for non-payment of rent, the 14-Day Notice to Comply or Vacate for lease violations, and the 30-Day Notice to Vacate for terminating month-to-month or expired leases. Each notice has specific requirements and timeframes that must be adhered to.

A tenant has five judicial days to either pay the overdue rent or vacate the premises after receiving a 5-Day Notice to Quit in South Carolina. If the tenant does not comply within this timeframe, the landlord may proceed with eviction proceedings.

A South Carolina eviction notice should include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, and the landlord’s printed name, signature, and address. Additionally, it should note the date and method of delivery.

If a tenant fails to correct the lease violation specified in a 14-Day Notice to Comply or Vacate within the 14-day period, the landlord can proceed to file for eviction in the local Magistrate Court. This notice gives the tenant an opportunity to fix the issue before further legal action is taken.

Yes, in South Carolina, a landlord can issue an unconditional eviction notice for illegal activity on the rental property, allowing for immediate eviction without a notice period. This means the tenant can be evicted without the opportunity to remedy the situation.

To calculate the expiration date for an eviction notice in South Carolina, start counting from the day after the notice is delivered. If the last day falls on a weekend or legal holiday, the notice period extends to the next judicial day when the courthouse is open.

In South Carolina, an eviction notice can be served through hand delivery to the tenant or by mailing it via certified or registered mail to the tenant’s address. If mailed, the notice period is extended by five calendar days to account for delivery times.

If a tenant does not vacate the property after the eviction notice period, the landlord can file an eviction lawsuit, known as an Ejectment Action, in the local Magistrate Court. This legal action will initiate the formal eviction process.

While it is not legally required to have a lawyer for the eviction process in South Carolina, many landlords find it beneficial to consult with an attorney to ensure compliance with local laws and to navigate the court system effectively.